International Developments in Ocean Policies: National, Regional and Global Levels

International Developments in Ocean Policies: National, Regional and Global Levels Dr. Biliana Cicin-Sain Professor of Marine Policy, University of Delaware President, Global Ocean Forum

Ocean Policy Trends Around the World 1. Bottom up developments from the national and regional levels--formulation of national ocean policies around the world! 2. Top down developments from the global level "# a. Sustainable development goals 2015 UNGA b. Formulation of a new climate regime COP 21 2015 c. Toward a new regime on Areas Beyond National Jurisdiction (ABNJ) 2016 3. Challenges and opportunities in bringing the bottom up developments and the top down developments together

Part 1 Bottom up developments from the national and regional levels--formulation of national and regional ocean policies around the world!

Over the last two decades, countries and regions have undertaken concerted efforts to develop and implement integrated national and regional ocean policies including by: Fostering sustainable development of ocean areas Protecting biodiversity and vulnerable resources and ecosystems Adopting goals and procedures to harmonize existing uses and laws Coordinating the actions of the many government agencies that are typically involved in ocean affairs Response to the reality of serious conflicts of use in most national ocean zones and in regions, and to the prescriptions of both UNCLOS and the sustainable development summits In all cases, a major challenge is how to go beyond solely sectoral approaches to oceans, to cross-sectoral and integrated approaches and to develop public decision-making processes to address the full range of multiple-use issues related to oceans and coasts.

National and Regional Policies Especially from Chapter 1: A Comparative Analysis of Ocean Policies in Fifteen Nations and Four Regions (2015) By Miriam C. Balgos, Biliana Cicin- Sain, and David L. VanderZwaag Government of Portugal

15 nations and 4 regions Nations Regions Asia India, Japan, Philippines, Vietnam East Asian Seas Oceania Australia, New Zealand Pacific Islands Brazil, Canada, Mexico, United Americas States Europe Africa Caribbean Jamaica Norway, Portugal, Russian Federation, United Kingdom European Union Sub-Saharan Africa

Total area covered by countries included in the study: close to 50% of EEZ world total by regional efforts included in the study: 55 % of EEZ world total Work involved 59 authors/contributors from government and academia Spanned the period of 2005 to 2015, with a kick-off meeting at The Ocean Policy Summit, Lisbon, Portugal (2005) Supported by the Nippon Foundation, Japan, the Global Environment Facility, the Portuguese government, and others Caveat Should note that there are other nations and regions that have also moved toward integrated ocean governance which we were not able to include in the study, e.g., China, Colombia, France, Indonesia, Mauritius, Netherlands, Seychelles, South Africa, etc. Also, other regional efforts (by Regional Seas, LMEs, RFMOs) are not included

15 Nations Claimed EEZs

Regions - Ocean Area Covered

Major Questions Posed Common framework for analysis for understanding the dynamics of ocean policy formulation and implementation Policy Formulation The significance of oceans and coasts in different nations Motivation for the policy, how it got started Legal/policy basis: Was it based in a new law? Or executive policy? Product of an ocean commission? Scope and content Principles adopted Institutional arrangements Stakeholder engagement

Policy Implementation Major Questions Posed Agency(ies) in charge of implementation Division of authority between national and subnational levels of government Evolution over time Implementation and evaluation over time Funding and monitoring mechanisms Outlook for the future

Common Catalysts and Trajectories Common Catalysts multiple use conflicts, among uses, users, and agencies decline/degradation of coastal and marine areas recognition of the value of coastal and ocean resources in terms of ecological/ecosystem, social, and economic services encouragement from the international level inequities in benefits for foreigners vs locals in ocean areas under national jurisdiction Trajectories typical national trajectory, starting with coastal management, then moving to entire EEZ at regional level, realization that separate sectoral policies need to be harmonized and linked (e.g., EU)

Getting Started Typically: ocean commissions study commissions white papers inter-agency task forces wide stakeholder consultation, development of shared vision done at the highest levels of government

Importance of stakeholder consultations The consultation process demonstrated that the success of maritime policy would depend on the support of and sense of ownership of stakeholders, including regional actors already very active in developing integrated maritime actions. Furthermore, the maritime regions of Europe are so diverse and region-based that action had to be different in focus according to each region. (Gambert, EU case)

Common Principles Widely Adopted Wide Adoption of Common International Principles of Integrated Ocean Governance and Sustainable Development Sustainable development/ sustainability Integrated management Ecosystem-based management Good governance Adaptive management/best available science The precautionary approach The preservation of marine biodiversity Stewardship Multiple use management Economic/social development and poverty alleviation Note: Most nations/regions emphasize environmental and economic dimensions of sustainable development. Goals/targets related to social dimensions and poverty alleviation are less frequent (about ½ of national cases mentioned these factors).

Principles Adopted in Ocean Policies

Typically involve: Institutional Aspects Inter-agency/inter-sectoral sectoral coordination mechanism A lead implementing agency(ies) Important considerations: Clear terms of reference Involve coordination at the highest political levels (e.g. Office of the Prime Minister) Receive input from an external council of advisers Be transparent and allow for public involvement Have incentives for joint action, such as joint budgets

Examples of Institutional Aspects of Ocean Policies

Lead Implementing Bodies Important to have a national ocean office to operationalize the national ocean policy and oversee implementation Separate budget and staff Typically prepare national ocean policy plan, state of the ocean reports; coordinate interagency activities, work with subnational authorities Example: Secretariat of Ocean Policy Headquarters in Japan, oversees Basic Act of Ocean Policy, has separate budget and about 20 staff members

Other Observations A number of cases involve sub-regional ocean planning processes and bodies (e.g. Australia, US) Increased use of marine spatial planning (e.g., required in 2014 EU Directive on marine spatial planning) Dedicated and stable oceans funding a challenge in many cases. Efforts made to develop special funds (e.g. from oil and gas) In some cases, very good use of indicators which are tracked over time (e.g., Canada, PEMSEA) In some cases, evaluations from outside experts that prepare report cards on the national ocean policy (e.g., US)

Some Success Factors Embracing and implementing common ocean principles much of the world has already adopted and put into practice major principles of integrated ecosystem-based national and regional policies Achieving an integrated outcome through formal coordination institutions having formal coordinating institutions to guide the national and regional policies with independent input from stakeholders is essential Ensuring and maintaining political support the ups and downs of ocean policies, ocean policy entrepreneurs in and out of government must continuously foster highlevel political support

Take-away Messages for ABNJ Area- Based Management There is extensive experience with area-based ocean management at national and regional levels Modern principles of ocean governance have been adopted and implemented at national and regional levels There has been considerable work in applying approaches and tools for multiple use ocean planning at national and regional levels, e.g., analytical processes for determining problems and issues in ocean areas, marine spatial planning, processes for stakeholder involvement, adoption and implementation of multiple use plans Important factors have been the designation of lead coordinating entities to ensure coherence and harmonization Sufficient funding is essential

Part 2 Top down developments from the global level " a. Sustainable development goals UNGA 2015 b. Formulation of a new climate regime COP 21 UNFCCC 2015 c. Toward a new regime on Areas Beyond National Jurisdiction (ABNJ) UNGA 2016

Part 2a Sustainable Development Goals UNGA 2015 Mandated in Rio+20, UN Open Working Group on Sustainable Development Goals All the intertwined issues addressing the three dimensions of sustainable development: Environmental, economic, social

Sustainable Development Goals Goal 1. End poverty in all its forms everywhere Goal 2. End hunger, achieve food security and improved nutrition and promote sustainable agriculture Goal 3. Ensure healthy lives and promote well-being for all at all ages Goal 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all Goal 5. Achieve gender equality and empower all women and girls Goal 6. Ensure availability and sustainable management of water and sanitation for all Goal 7. Ensure access to affordable, reliable, sustainable and modern energy for all Goal 8. Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all Goal 9. Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation

Sustainable Development Goals (cont.) Goal 10. Reduce inequality within and among countries Goal 11. Make cities and human settlements inclusive, safe, resilient and sustainable Goal 12. Ensure sustainable consumption and production patterns Goal 13. Take urgent action to combat climate change and its impacts* Goal 14. Conserve and sustainably use the oceans, seas and marine resources for sustainable development Goal 15. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss Goal 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels Goal 17. Strengthen the means of implementation and revitalize the Global Partnership for Sustainable Development *Acknowledging that the United Nations Framework Convention on Climate Change is the primary international, intergovernmental forum for negotiating the global response to climate change.

The SDG Package and Goal 14 1. Global Ocean Forum very active in the Rio+20 process and in the subsequent SDG process (policy analyses, convening of Friends of the Ocean meetings, side events, commentaries on the processes, Oceans Day at Rio+20) 2. Open Working Group on SDG process initially limited understanding of oceans and the three pillars, but after catalytic interventions and side events (especially from the Pacific SIDS and others), a marked change. Ultimately, more than 90 nations came to favor the stand-along oceans SDG. And the UN Open Working Group on Sustainable Development Goals turned out to be a very open and transparent process. 3. Goal 14 on Oceans and Seas--very good (not perfect). A great accomplishment and will have major effects on advancing oceans and peoples issues in countries and regions around the world. 4. Goal 14 is rooted in most cases in existing global commitments on oceans and brings them together in concerted ways with a renewed sense of urgency. Some important new commitments, e.g. 14.7 on enhanced economic benefits for SIDS and LDCs boost to Blue Economy approaches 5. Goal 14 must be understood in the context of the overall SDG package. Many of the other provisions of the package can be used to support oceans. The package is inspiring and visionary and will lead nations to truly wed all three dimensions of sustainable development

SDG 14 on Oceans, Seas and Marine Resources Goal: Conserve and sustainably use the oceans, seas and marine resources for sustainable development Targets:

Targets:

Means of Implementation

Part 2b Advancing Oceans at the UNFCCC COP 21 Paris: Mobilization, Outcomes, and Next Steps 36

The Paris Agreement Historic agreement, landmark achievement, marks a common political will to stem the rise of global warming and shift from fossil fuels Gives hope to avoid disastrous consequences associated with climate change 37

Pour Sauver La Planète 38

The Paris Agreement The Paris Agreement includes provisions for: - Holding the increase in the global average temperature to well below 2 C above preindustrial levels and to pursue efforts to limit the temperature increase to 1.5 C, recognizing that this would significantly reduce the risks and impacts of climate change - The 1.5 C goal had long been advocated by the 44 small island developing States, 1.5 to stay alive, referring to the threats of sea level rise, increased floods and storms which could obliterate their homes and nations. 39

The Paris Agreement The Paris Agreement provides that: Developed country Parties should continue taking the lead by undertaking economy-wide absolute emission reduction targets. Developing country Parties should continue enhancing their mitigation efforts, and are encouraged to move over time towards economy-wide emission reduction or limitation targets in the light of different national circumstances. 40

The Paris Agreement The Paris Agreement includes provisions for: - A system of national reports by all countries reporting on reductions to emissions and other matters every five years, and a transparent system of accounting and verification, with periodic global stocktake, with a first facilitative dialogue in 2018 - Financing by developed countries to assist developing countries with respect to both mitigation and adaptation - Prior to 2025 the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement shall set a new collective quantified goal from a floor of USD 100 billion per year, taking into account the needs and priorities of developing countries - Strengthening of capacity development regarding mitigation and adaptation programs, and cooperative action on technology development and transfer - Averting, minimizing, and addressing human displacement issues related to the adverse impacts of climate change 41

Central issue for oceans community Oceans and climate are intertwined, with oceans driving climate and climate change affecting ocean health and coastal and island peoples. Oceans cycle over 93% of carbon dioxide in the atmosphere, produce 50% of the oxygen we breathe, store 50% of all naturally sequestered carbon, and absorb 90% of the heat added to the global system in the past 200 years. Oceans, seas, and coastal areas are experiencing an increased frequency and intensity of climate extremes, including stronger hurricanes, typhoons, and cyclones. Changes in ocean chemistry and temperature are causing ocean acidification, sea level rise, and fluctuations in ocean circulation and salinity. Coastal populations and small island developing States (SIDS) in 183 countries will be most affected by climate change and typically have insufficient resources to combat these changes. And yet oceans and coasts were not explicitly part of the UNFCCC negotiating text 42

Our Strategy for COP 21 43

COP 21 Strategy Oceans Day, high-level, presentation of recommendations on oceans and climate Line up key partner organizations (46 partners) Line up key high-level speakers Coordinate with other alliances Mobilize expert international working group Work on the negotiating text Plan and mobilize a coordinated strategy for the next five years 44

Oceans Day at COP 21 Building on three previous Oceans Days (Copenhagen 2009, Cancun 2010, Durban 2011), the Oceans Day at COP 21, 4 December 2015, was a high-level event held to: - Highlight the major climate and oceans issues, with emphasis on the impacts on the most vulnerable peoples and ecosystems, and suggest next steps, both within and outside the UNFCCC framework - Foster political leadership and move forward on the major climate and oceans solutions with the engagement of high-level leaders around the world - Catalyze and share solutions as part of the global portfolio of actions - Mobilize collaboration in the development of a five-year strategic plan on oceans and climate to guide policy and action. Over 400 participants from all world regions 45

46 Organizers Intergovernmental Oceanographic Commission/ UNESCO Global Ocean Forum United Nations Environment Programme Ocean Policy Research Institute, Sasakawa Peace Foundation, Japan Ocean and Climate Platform University of Delaware, Gerard J. Mangone Center for Marine Policy

Co-Organizers 47

Co-Organizers 48

Co-Organizers 49

Selected Oceans Day High Level Speakers H.S.H. Prince Albert II of Monaco H.E. Mr. Tommy E. Remengesau, Jr., President, Republic of Palau H.E. Mr. Ronald Jumeau, Ambassador, Climate Change and SIDS Issues, Seychelles H.E. Ms. Mary Robinson, President, Mary Robinson Foundation Climate Justice H.E. Mr. Manuel PulgarVidal, Minister of Environment, Peru H.E. Dr. Angus Friday, Ambassador of Grenada to the US H.E. Mr. Greg Hunt, Minister for the Environment, Australia Mr. Hans Hoogeveen, Director General for Agriculture and Nature, the Netherlands H.E. Mme. Ségolène Royal, Minister of Ecology, Sustainable Development and Energy, France

Selected Oceans Day High Level Speakers H.S.H. Prince Albert II of Monaco H.E. Mr. Tommy E. Remengesau, Jr., President, Republic of Palau H.E. Mr. Ronald Jumeau, Ambassador, Climate Change and SIDS Issues, Seychelles H.E. Ms. Mary Robinson, President, Mary Robinson Foundation Climate Justice H.E. Mr. Manuel PulgarVidal, Minister of Environment, Peru H.E. Dr. Angus Friday, Ambassador of Grenada to the US H.E. Mr. Greg Hunt, Minister for the Environment, Australia Mr. Hans Hoogeveen, Director General for Agriculture and Nature, the Netherlands H.E. Mme. Ségolène Royal, Minister of Ecology, Sustainable Development and Energy, France

Extensive Preparatory Work Highlighted the need for a strategic action plan on oceans and climate for the next five years Mobilized an International Working Group on Oceans and Climate, 36 experts Policy Brief and emerging draft recommendations Focused on 5 major issues: The central role of oceans in climate Mitigation Adaptation Financing Capacity development (including scientific monitoring and public education) 52

Oceans Day at COP 21 Outcomes The Oceans Day at COP 21 stressed the need for: - Concluding an ambitious legally binding agreement with stringent reductions in greenhouse gas emissions as essential to avoid disastrous consequences for the ocean and for coastal and island peoples. - This was achieved with the Paris Agreement - Recognizing the central role of the oceans in regulating climate, and the fact that the ocean will not be able to perform these functions in the future if global warming continues unabated. - This work was begun with a new provision in the Preamble to the Paris Agreement, which notes Noting the importance of ensuring the integrity of all ecosystems, including oceans, when taking action to address climate change - Targeting financing to address climate change impacts in coastal communities and island states for adaptation programs, for capacity development, for mitigation efforts to preserve coastal and ocean ecosystems, and for addressing the problems of climate-induced population displacement with equity and justice, - This is a work in progress which will continue in the next five years through, in part, the joint efforts of the partner organizations involved in the Oceans Day at COP 21 and other collaborators 53

Next Steps Oceans Day at COP 21 Develop a strategic action plan on oceans and climate for the next 5 years Identify what needs to be done on each major recommendation within and outside of UNFCCC and develop a five-year plan of action What action steps are needed by whom and in what time frame? What resources will be required? Determine how the actions can get accomplished within the UNFCCC (interview UNFCCC key delegates, staff) and outside of the UNFCCC as relevant Organize various meetings to create alliances of the willing to implement the recommendations Invite a Leaders Group to guide the effort, involving key negotiators in the UNFCCC process and other Ocean Leaders 54

Toward COP 22 The efforts to bring the ocean issues into the climate regime, especially the new Paris Agreement, will continue, including with preparations for the Oceans Day at the UNFCCC COP 22 in Marrakech, Morocco, to be held on November 7-18, 2016. 55

Part 2c Toward a New Regime on Areas Beyond National Jurisdiction (ABNJ) UNGA 2016 56

Ecosystems of the ABNJ Sources: UNEP(2006). Ecosystems and Biodiversity in Deep Waters and High Seas. UNEP Regional Seas Reports and Studies No. 178. UNEP/IUCN, Switzerland 2006; Flanders Marine InsQtute (VLIZ) 2014 57

After 10 Years of Negotiation, Decision by the UNGA to develop a Legally Binding Agreement Under UNCLOS June 19, 2015 - UNGA adopted the recommendations in Resolution A/RES/69/292 - Development of the new internationally legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction New UN negotiations will begin with a Preparatory Committee in 2016 58

Part 3 Summary and Challenges and Opportunities in the Next Phase 59

Great advances in recent years at the international/global level (SDGs, COP 21, ABNJ negotiations), but involve separate processes (climate change, biodiversity, UNGA, LOS, sustainable development summits), which need to be better linked At national and regional levels, much progress on creating and implementing national and regional ocean policies, but now these efforts must take into account the global developments implementation of the SDGs, the new climate regime, the implications of ABNJ for national and regional management (and viceversa) More explicit attention by national and regional ocean decision-makers should be focused on climate and ocean matters, e.g., on integrating national ocean policies with INDCs under the UNFCCC, greater focus on adaptation, mitigation, financing, capacity development and public education on oceans and climate 60

Guidance for ABNJ Regional Leaders Presentations --Focus on area-based management approaches to ABNJ issues in XX region: The regional (and national) context in XX region, problems and issues that need to be addressed, constraints/challenges, opportunities for forward action. --Focus on capacity development needs regarding area-based management in ABNJ in XX region. What capacity is currently available? What additional capacity may be needed at national and regional levels? What might be possible and preferred modalities for building capacity for area-based management in xx region? You may want to first lay out the EEZ/ABNJ context in each region, and then discuss ABNJ opportunities, constrains, and possible future directions for the region, including discussion of the role of relevant regional organizations in the regions, and the possibilities of building cross-sectoral coordination among the various regional entities, and coordination with national efforts. 61